38Summary proceedings, proceedings by indictment, &c.

### 38 Summary proceedings, proceedings by indictment, &c. > *\[Section 38 Substituted by No. 39 of 1981, s. 17 \]* > > > (1)  [*\[Section 38 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja1@GC2@EN) Where a provision of an Act expressly or by implication provides – > > > > > > (a) that any matter or proceeding is to be heard and determined, or dealt with, summarily or by or before justices or a court of summary jurisdiction; or > > > > > > > (b) that an offence is punishable on summary conviction or that a person is liable on summary conviction to a specified penalty or to a penalty not exceeding a specified penalty – > > > > the matter or proceeding shall be heard and determined, or shall be dealt with, or, as the case may be, the proceedings in respect of the offence shall be taken, in accordance with the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) , and any penalty imposed in respect of the matter, proceeding, or offence may be enforced and recovered as provided by the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) . > > > (2)  Where a provision of an Act – > > > > > > (a) constitutes a crime; > > > > > > > (b) makes an offence punishable on indictment; or > > > > > > > (c) makes an offence punishable by imprisonment for a term exceeding 3 years without specifying or indicating that the offence is to be dealt with summarily – > > > > proceedings in respect of the crime or offence shall be by indictment in accordance with the provisions of the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) . > > > (3)  Subject to [subsection (2)](#GS38@Gs2@EN) , where – > > > > > > (a) by a provision of an Act an offence not declared expressly or by implication to be a crime is constituted or made punishable, or any penalty or forfeiture may be imposed in respect of any matter; and > > > > > > > (b) that Act does not contain provisions relating to the manner in which proceedings in respect of the offence shall be taken, or the matter shall be heard and determined – > > > > the proceedings in respect of the offence shall be taken, or, as the case may be, the matter shall be heard and determined, in accordance with the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) , and any penalty or forfeiture which may be imposed in respect of the offence or matter may be enforced and recovered as provided by that Act. > > > (4)  [*\[Section 38 Subsection (4) inserted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja1@GC1@EN) Where a provision of an Act provides that an infringement notice may be issued for an offence, any such infringement notice is to be dealt with in accordance with the [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) .